HOUSE BILL 160

51st legislature - STATE OF NEW MEXICO - second session, 2014

INTRODUCED BY

Yvette Herrell

AN ACT

RELATING TO KINSHIP GUARDIANSHIP; REQUIRING CRIMINAL HISTORY RECORDS CHECKS FOR PERSONS SEEKING APPOINTMENT AS KINSHIP GUARDIANS; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 40-10B-1 NMSA 1978 (being Laws 2001, Chapter 167, Section 1) is amended to read:

     "40-10B-1. SHORT TITLE.--[This act] Chapter 40, Article 10B NMSA 1978 may be cited as the "Kinship Guardianship Act"."

     SECTION 2. A new section of the Kinship Guardianship Act is enacted to read:

     "[NEW MATERIAL] CRIMINAL HISTORY RECORDS CHECKS.--

          A. A nationwide criminal history records check shall be conducted on a person who seeks appointment as a guardian pursuant to the Kinship Guardianship Act. A person who seeks appointment as a guardian shall provide the children, youth and families department with a set of the person's fingerprints. The department is authorized to use the person's fingerprints to conduct a background check of the person by submitting the fingerprints to the department of public safety and the federal bureau of investigation.

          B. Criminal history records obtained by the children, youth and families department pursuant to the provisions of this section are confidential. Criminal history records obtained pursuant to the provisions of this section shall not be used for any purpose other than conducting background checks. Criminal history records obtained pursuant to the provisions of this section and the information contained in those records shall not be released or disclosed to any other person or agency, except pursuant to a court order or with the written consent of the person who is the subject of the records.

          C. A person who releases or discloses criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2014.

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